Workplace Harassment Laws in Pennsylvania: Rights & Remedies

Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000e, prohibits harassment based on race, color, religion, sex, and national origin in employers with 15 or more employees. The Age Discrimination in Employment Act (ADEA), 29 U.S.C. § 623, covers harassment based on age for workers 40 and older in employers with 20 or more employees. The Americans with Disabilities Act (ADA), 42 U.S.C. § 12101, prohibits harassment based on disability in employers with 15 or more employees. Title IX of the Education Amendments of 1972 covers sexual harassment in educational institutions.

Federal law defines harassment as unwelcome conduct based on a protected characteristic that creates a hostile work environment—meaning the conduct is severe or pervasive enough that a reasonable person would find it abusive. A single incident may qualify if it is severe. Harassment can include slurs, jokes, offensive pictures, exclusion, physical assault, or unwanted touching.

The EEOC enforces federal harassment laws. Remedies under federal law include back pay, front pay, compensatory damages for emotional distress, punitive damages (in intentional discrimination cases), injunctive relief, and attorney fees. Private parties can also sue under Title VII and the ADA after exhausting administrative remedies.

The Pennsylvania Human Relations Act (PHRA), 43 P.S. § 954, provides broader protection against harassment than federal law. Pennsylvania prohibits harassment based on race, color, religion, sex, national origin, age, disability, sexual orientation, and gender identity or expression. The state applies the 2021 Equality Act amendment (43 P.S. § 953), which explicitly includes sexual orientation and gender identity—protections not yet guaranteed under federal law.

Pennsylvania's coverage threshold is 4 or more employees, significantly lower than the federal threshold of 15 employees under Title VII. This means smaller Pennsylvania employers are legally obligated to prevent harassment, whereas they would not be under federal law. The state also does not carve out religious organizations from protections as broadly as federal law does.

The Pennsylvania Human Relations Commission (PHRC) enforces the PHRA. Unlike federal law, Pennsylvania does not cap emotional distress damages, and the state permits compensatory damages without the cap structures of federal law. Remedies available under Pennsylvania law include back pay, front pay, compensatory damages for emotional distress, punitive damages, reinstatement, attorney fees, and costs. The PHRC can also issue cease-and-desist orders requiring employers to implement harassment prevention policies.

Pennsylvania law applies a hostile work environment standard similar to federal law but enforced more aggressively by the PHRC. The state also recognizes harassment claims based on association with someone in a protected class—for example, harassment of an employee because their child has a disability.

The Pennsylvania Human Relations Act applies to employers with 4 or more employees, but certain employers are exempt or have limited obligations. The federal Title VII exception for bona fide occupational qualifications (BFOQ) does not apply to harassment claims—harassment is never a legitimate job requirement. However, employers may assert affirmative defenses if they can prove they took reasonable steps to prevent and promptly correct harassment, and the employee failed to report it internally or follow company procedures.

At-will employment does not shield harassment. Pennsylvania is an at-will state, but harassment that causes termination can support a claim of wrongful discharge in violation of public policy. An employee who is fired in retaliation for reporting harassment or participating in a harassment investigation has a separate retaliation claim under the PHRA and potentially under common law.

Unions and collectively bargained employees are not exempt from harassment protections. However, disputes over harassment remedies may be subject to grievance procedures under a collective bargaining agreement, which can serve as an alternative dispute resolution mechanism.

Religious organizations have a limited exemption under the PHRA for religious belief-based discrimination, but this exemption does not extend to harassment based on other protected characteristics like race or sex. Harassment by a pastor against a church secretary based on sex would still violate the PHRA.

The PHRA contains a good-faith employee reporting exception: an employee who reports harassment in good faith, even if the complaint is later found to be unfounded, cannot be retaliated against. However, false accusations made in bad faith with intent to harm may not receive protection.

Step 1: Document the harassment thoroughly. Keep a detailed log with dates, times, locations, names of witnesses, and exact words or actions that constitute harassment. Save all written communications (emails, texts, messages) related to the harassment. Take screenshots if necessary. Retain copies at home in case your access to work systems is cut off. Document the impact on your work, health, and well-being. This documentation is critical evidence if you file a complaint with the PHRC or pursue legal action.

Step 2: Report the harassment internally through your employer's established channels. Review your employee handbook for the harassment complaint procedure. Most employers are required to have a written policy. File a written complaint with your HR department or manager, or the person designated in the policy (which may be a different manager if your direct manager is the harasser). Keep a copy of your complaint and any response. Internal reporting is often a prerequisite to filing an external charge, though not legally mandatory—you can skip this step if you believe it will be futile or unsafe. Document if the employer fails to investigate or retaliate.

Step 3: File a charge with the Pennsylvania Human Relations Commission. Visit the PHRC website at www.phrc.pa.gov or call 717-787-9780. You must file within 180 days of the harassment (300 days if you first file with the EEOC under deferral procedures). Complete the charge form, which requires: your name, address, phone, email; the employer's name and address; dates of harassment; description of the conduct; protected characteristic involved; names of witnesses; and any internal complaints filed. You can file online, by mail, or in person. Include copies of your documentation. There is no filing fee. The PHRC will issue an intake notice with a case number.

Step 4: Expect the PHRC investigation process. The agency will serve your charge on the employer and request a written response within 10 days. The PHRC then investigates, which typically takes 60-120 days. The investigator may interview you, the alleged harasser, supervisors, and witnesses. You will receive updates on the investigation's status. After investigation, the PHRC will issue a determination: "no probable cause" (complaint dismissed), "probable cause" (evidence supports your claim), or the parties may reach a settlement. If probable cause is found, the case may proceed to conciliation or, if no settlement is reached, to a public hearing before a hearing examiner.

Step 5: Consult an employment attorney if the harassment is severe, ongoing, or the employer's response was inadequate. An employment law attorney licensed in Pennsylvania can review your case, advise on filing deadlines, represent you in PHRC proceedings, and negotiate settlements. If the case involves federal issues (Title VII or ADA), the attorney can coordinate with the EEOC. Many employment attorneys work on contingency for harassment cases, meaning you pay no upfront fee. Contact your state bar association (Pennsylvania Bar Association) or a local legal aid society for referrals.